MUHAMMAD CHAND Versus State

ORDER

ABDUL MAALIK GADDI, J. ---Urgency granted.

2. This is the Jail Appeal, therefore, the question of delay in filing of this appeal shall be considered at the time of hearing.

3. Exemption granted subject to all just exception.

4. Through this appeal, the Appellant has challenged the Judgment dated 24.3.2018 passed by the learned IIIrd Additional Sessions Judge, Karachi-South in Sessions Case No.254/2011, in Crime No.57/2011, registered under section 3/2(a) of Foreigners Ordinance, 1951, read with section 14 of Foreigners Act, 1946 of Police Station Mithadar, Karachi, whereby the learned trial Court after full dressed trial convicted and sentenced the Appellant for the commission of offence under section 3/2(a) of Foreigners Ordinance, 1951, read with section 14 of Foreigners Act, 1946 and sentenced him to undergo imprisonment for three (03) years and fine of Rs.5000/- and in failure of payment of fine then he shall undergo further imprisonment of two months more. However, it was further ordered that after serving such sentence he was directed to be deported to his parent country. The appeal being a statutory right of the Appellant is hereby admitted for regular hearing. Issue notice to DAG. Call R&Ps and prepare paper book.

5. Through this application, the Appellant seeks suspension of Sentence and his release on bail on the ground that the sentence awarded to him by the trial Court is short one of three years and the appeal will take sufficient time in its disposal. It is further contended that at the time of pronouncement of Judgment, the Appellant was on bail.

6. Mr. Aslam Bhutta, learned DAG for the state is present in Court in some other matters, waives notice of this application and recorded his no objection for suspension of sentence on the ground that the sentence awarded to Appellant is short one and the sentences awarded to co-accused by the trial Court in the same crime have already been suspended by this Court.

7. Admittedly, the Appellant was convicted and sentenced to suffer RI for three (03) years by the trial Court vide Judgment dated 24.3.2018, which is a short sentence and there is no likelihood that the instant appeal may be heard and decided in near future, keeping in view the heavy backlog of the cases pending in this Court. Moreover, there are number of authorities on this point in which the sentence awarded to the accused being short one has been suspended. In this respect, I am supported with case of Abdul Hameed v. Muhammad Abdullah reported in 1999 SCMR 2589, wherein the sentenced of five (05) years has been suspended by the Hon'ble Supreme Court of Pakistan. Accordingly, the application is allowed, the conviction and sentence awarded to the Appellant is hereby suspended till the disposal of main appeal and he is released on bail subject to his furnishing solvent surety in the sum of Rs.20,000/- (Rupees Twenty Thousand) and P.R. Bond in the like amount to the satisfaction of Nazir of this Court.

SA/M-13/Sindh Sentence suspended.